Apply the law as of 8 November 2026. A Judicial Magistrate of the first class convicts a person for a…
Ordinary first theft in these circumstances carries a maximum of three years. A first-class Magistrate can impose that term. Because the sentence includes substantive…
Choose your answer
Apply the law as of 8 November 2026. A Judicial Magistrate of the first class convicts a person for a first ordinary theft of property worth Rs 10,000 under section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The Magistrate imposes one year’s imprisonment and a fine. What is the maximum additional imprisonment in default of payment of the fine?
Answer and explanation
Correct answer B
Ordinary first theft in these circumstances carries a maximum of three years. A first-class Magistrate can impose that term. Because the sentence includes substantive imprisonment, section 24(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 limits additional default imprisonment to one quarter of the competent maximum. Section 8(3) of the Bharatiya Nyaya Sanhita supplies the same outer cap here. Three years is 36 months, and one quarter is nine months.
Option feedback
Option A
One month is below the maximum.
Option B
One quarter of the three-year competent maximum is nine months.
Option C
Six months is below the maximum. The term actually imposed is not the statutory denominator.
Option D
One year exceeds the one-quarter limit.
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